2004-022-ORD AMENDING ZONING ORDINANCE NO 1710 AND CHANGING BOUNDARIES ESTABLISHED BY ZONING MAP OF SAID CITY DESIGNATING 714 GRAHAM AS HISTORIC STRUCTURE
ORDINANCE NO. 2004-022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE
CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES
ESTABLISHED BY THE ZONING MAP OF SAID CITY; DESIGNATING
THE STRUCTURE ON PROPERTY LOCATED AT 714 GRAHAM STREET,
IN THE CITY OF PARIS, TEXAS AS AN HISTORIC STRUCTURE AND
ESTABLISHING AN HISTORIC OVERLAY DISTRICT NO.4 (HD-4) ON
THE AFORESAID PROPERTY IN ACCORDANCE WITH THE
RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION
AND THE HISTORIC PRESERVATION COMMISSION; PRESERVING
THE RESPECTIVE EXISTING USE AND ZONING DESIGNATIONS OF
THE PROPERTY SO DESIGNATED; DESIGNATING THE BOUNDARIES
OF THE HISTORIC OVERLAY DISTRICT NO. 4 (HD-4) SO
EST ABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED
$2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a
request from the Paris Historic Preservation Commission, following notice to the owner and a public
hearing thereon, for an amendment to the zoning ordinance of the City of Paris to designate the
structure on property located at 714 Graham Street, in the City of Paris, Texas, as an Historic
Structure and to include said property in a newly created Historic Overlay District No, 4 (HD-4);
and,
WHEREAS, the City Council has subsequently referred said request for amendment to the
Planning and Zoning Commission for its review and recommendation in accordance with the City
zoning ordinance and State law; and,
WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said
proposed amendment to the City zoning ordinance and, following said hearing, made formal
recommendation to the City Council regarding said proposed change; and,
WHEREAS, the City Council ofthe City of Paris did subsequently conduct a public hearing
on the aforesaid proposed amendment to the City zoning ordinance, and having considered the
recommendations of the Planning and Zoning Commission and the testimony and evidence
introduced at said public hearing, found and determined that approving the aforesaid zoning change
would be consistent with the comprehensive plan ofthe City of Paris, consistent with the City zoning
ordinance, and in the best interests and to the benefit ofthe public health, safety, and welfare of the
citizens of the City of Paris; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That the boundaries heretofore established by the Zoning Map and Ordinance No.
1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that the structure
on the property located at 714 Graham Street in the City of Paris, Texas, be, and the same is hereby
designated as an Historic Structure and that an HISTORIC OVERLAY DISTRICT NO.4 (HD-4)
be, and the same is hereby, established on the aforesaid property, as recommended by the Paris
Historic Preservation Commission and the Planning and Zoning Commission, so as to include in
such HISTORIC OVERLAY DISTRICT NO, 4 (HD-4) the hereinafter described property, while
preserving the respective existing use and zoning regulations of the property previously designated
thereon, and that the boundaries of said HISTORIC OVERLAY DISTRICT NO.4 (HD-4) be, and
the same are hereby, established as follows:
SITUATED within the corporate limits ofthe City of Paris, County of Lamar,
and State of Texas, being the property known as Part of Lot 12, City Block
52, 714 Graham Street, Paris, Texas.
Section 3. That the Chief Building Official ofthe City of Paris be, and he is hereby, directed
to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No,
1710 and the land use map accompanying the same, and in accordance with the provisions of this
ordinance.
Section 4. That the following historic preservation standards shall be and are hereby adopted
to apply to the aforesaid property included in the Historic Overlay District No.4 (HD-4) designated
herein, in accordance with the terms and provisions of Article VII to Chapter 7, Sections 7-151
through 7-164 ofthe Code of Ordinances of the City of Paris, the Historic Preservation Ordinance,
as amended, and Ordinance No. 1710 as amended, the Zoning Ordinance ofthe City of Paris, Texas:
The following Standards for Rehabilitation shall apply to rehabilitation of the
exterior only of all structures located in the designated Historic Overlay District No,
4 (HD-4), and shall apply to a building's site and environment as well as attached,
adjacent, or related new construction.
The Paris Historic Preservation Commission shall implement and apply these
standards in accordance with the provisions of Article VII to Chapter 7, Section 7-
151 through 7-164 of the Code of Ordinances of the City of Paris, as amended, the
Historic Preservation Ordinance, including the denial or issuance of Certificates of
Appropriateness as provided in said ordinance. The Standards are to be applied to
specific rehabilitation projects in a reasonable manner, taking into consideration
economic and technical feasibility:
(1) Any rehabilitation of the exterior of any structure located in the designated
Historic Overlay District No. 4 (HD-4) shall be done in a manner that requires
minimal change to the defining characteristics of the building and its site and
environment.
(2) The historic character of a property shall be retained and preserved. The
removal of historic materials or alteration of features and spaces that characterize a
property shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place, and
use, Changes that create a false sense of historical development, such as adding
conjectural features or architectural elements from other buildings, shall not be
undertaken.
(4) Most properties change over time; those changes that have acquired historic
significance in their own right shall be retained and preserved.
(5) Distinctive features, finishes, and construction techniques or examples of
craftsmanship that characterize a property shall be preserved.
(6) Deteriorated historic features shall be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new feature
shall match the old in design, color, texture, and other visual qualities and, where
possible, materials. Replacement of missing features shall be substantiated by
documentary, physical, or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that cause damage to
historic materials shall not be used. The surface cleaning of structures, if appropriate,
shall be undertaken using the gentlest means possible,
(8) Significant archeological resources affected by a project shall be protected and
preserved, If such resources must be disturbed, mitigation measures shall be
undertaken.
(9) New additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be differentiated
from the old and shall be compatible with the massing, size, scale, and architectural
features to protect the historic integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in
such a manner that if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
Section 5. That any person violating any ofthe provisions ofthis ordinance shall be guilty
of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000,00, and each
and every day's continuance of any violation of the above-enumerated sections shall constitute and
be deemed a separate offense.
Section 6, That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed,
Section 7. That this ordinance shall become effective September 1,2004.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on
this the 9th day of August, 2004.
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ATTEST:
{ CVk-J
Sh nan Dixon, Assistant City Clerk
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APPROVED AS TO FORM:
AFFIDAVIT REQl.,_3T FOR AMENDMENT TO ZONING \. DINANCE NO. 1710
STATE OF TEXAS S
COUNTY OF LAMAR S
BEFORE ME, the undersigned authority, on this day personally appeared Lisa Wriaht, who
upon oath deposes and says:
"l am Lisa Wright and my address is 150 1st Street S.E.. Paris. Texas 75462 and my
phone number is (903) 784-9203 and I have a proprietary interest in property located within the
corporate limits of the City of Paris being described as follows:
Part of Lot 12, City Block 52
714 Graham Street
Historic District No, 4
"My interest in the above described property is Director of Community DeveloomenUHistoric
Preservation Officer, on behalf of the Historic Preservation Commission, and I do request a change
in zoning to include a Historic Overlav District (HD),
"In support of said request I make the following answers to questions 1-4:
1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as
represented by the pre-established zoning ordinance and the long range master plan and map that has
been adopted by the zoning ordinance?
YES
2, Will the re-zoned designation be compatible with the classification and use of adjoining lands
so as to avoid adverse impact on neighbors?
YES
3, Is the tract unsuitable for uses permitted under the present zoning classification: therefore
justifying a change in zoning?
NO
4, Does the re-zoning bear a substantial relationship to the public health, safety, morals or
general welfare or protect and preserve historical and cultural places and areas or meet a substantial
public need? YES
5. HAS A COPY OF THE LAND DEED BEEN SU~Mlfif~? N/A
~LlJIA ~f.be-
Signature of Apphc nt
SWORN TO AND SUBSCRIBED BEFORE ME, by the said Lisa Wright this 23rd day of July,
2004,
FILED:
t~
ry Public, State of Texas
JANICE L. WORTHAM
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 05-12-2005
Mattie Cunningham, City Clerk
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ZONING CHANGE REQUEST
BALDWIN HOUSE
714 GRAHAM
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